/Amy Coney Barrett Supreme Court confirmation hearing live updates: Day 3

Amy Coney Barrett Supreme Court confirmation hearing live updates: Day 3

Barrett says she can’t say whether Medicare or Social Security are constitutional

Barrett refused to say during an exchange with Feinstein whether the government’s Medicare program is constitutional. 

“It’s hard for me to believe that’s a real question. The Medicare program is really sacrosanct in this country,” Feinstein said. 

Barrett also wouldn’t say whether she agrees with other originalists that Medicare and Social Security are unconstitutional. 

“I can’t answer the question in the abstract,” she said. 

Barrett refuses to say whether she agreed with Scalia on Voting Rights Act

During an exchange with Feinstein, Barrett weighed in on the Voting Rights Act and the Shelby County 2013 Supreme Court decision that gutted it, but said she couldn’t discuss the matter because there could be related cases in the future before the high court. 

“I think, Senator Feinstein, the question of how the coverage formula is calculated and the Voting Rights Act and the contours of the Voting Rights Act, and whether Shelby County was rightly decided or not, are all questions on which I can’t give an answer because Shelby County has obviously been controversial,” Barrett said. “It’s likely to be re-litigated. It could come up before me on the court.” 

Feinstein asked Barrett whether she agreed with Justice Antonin Scalia that the Voting Rights Act was a “perpetuation of racial entitlement.” Barrett said that the law “was obviously a triumph in the Civil Rights movement.”

Barrett offers a definition of severability and ‘Obamacare’

Sen. Dianne Feinstein, D-Calif., the ranking member on the panel, asked Barrett about the severability of the Affordable Care Act and to provide a definition for it. 

“I think the doctrine of severability, as it’s been described by the court, you know serves a valuable function of trying not to undo your work when you wouldn’t want a court to undo your work,” Barrett said. “Severability strives to look at a statute as a whole and say, would Congress have considered this provision so vital that, kind of in the Jenga game, pulling it out, Congress wouldn’t want the statute anymore.”

“It’s designed to effectuate your intent, but you know severability is designed to say well, would Congress still want the statute to stand, even with this provision gone? Would Congress have still passed the same statute without it?”

Feinstein responded saying that Barrett’s definition was impressive.

Democrats announce witnesses for Thursday hearings

Senate Judiciary Democrats announced their outside witnesses for the last day of the hearings Thursday. Democrats and Republicans on the committee both invited witnesses. 

The Democrats’ witnesses are a mix of experts and real people who will tell their stories surrounding health care and abortion rights.

According to a Democratic Judiciary Committee aide, the Democrats will focus on health care, reproductive rights and voting rights.

Barrett will not be in attendance.

FACT CHECK: Barrett says polygamy is illegal in ‘many places.’ It’s illegal everywhere.

In answer to Lindsey Graham’s questions about polygamy, Barrett said  “Polygamy, obviously, in many places is still illegal.”

In fact, polygamy is illegal in every state.  

 Utah recently changed its law to downgrade the nature of the offense, but it’s still illegal there.

Barrett says laws to protect integrity of the ballot box can be subject to litigation

Graham asked Barrett if it’s appropriate for legislative bodies to protect the integrity of the ballot box. She said that “any specific measures that legislative bodies took to protect the integrity of the ballot box could be subject to litigation, subject to challenge.” 

One of the reasons, Graham said, that Republicans have not reached an agreement with House Democrats on a Covid-19 relief package is because, he claimed, “they’re mandating ballot harvesting as a national policy” — a reference to proposed measures on mail-in ballots. 

“I think it’s ripe for fraud,” he said. “We’ve seen evidence of ballots being placed in people’s cars and dropped in ditches. So I think there will be an effort I hope to protect the integrity of the ballot, and also ensure easy voting.”

Democrats have wanted to expand access to voting during the pandemic by expanding mail-in ballot opportunities. 

Graham says Democrats have made Barrett hearings all about ‘Obamacare’

Graham said that Democrats have made the Barrett confirmation hearings about the threat to the future of “Obamacare.” 

“Obamacare is on the ballot. If you want socialized, single-payer health care, that’s on the ballot,” Graham said. 

Democrats fear that Barrett would vote with conservative justices on the Supreme Court to strike down the health care law in an upcoming case that the court will hear Nov. 10. 

Graham launches into 2nd round of questions by criticizing Harris for questioning Barrett’s candidness

Sen. Lindsey Graham, R-S.C., the chairman of the Judiciary Committee, started his 20-minute round of questioning by criticizing Sen. Kamala Harris, D-Calif., for suggesting that Barrett was not candid in her answers Tuesday. 

“I couldn’t disagree more,” Graham told Barrett on Wednesday as senators began the second round of questioning. 

“This hearing, to me, is an opportunity to not punch through a glass ceiling but a reinforced concrete barrier around conservative women,” he said. “You’re going to shatter that barrier. I have never been more proud of a nominee than I am of you. You’ve been candid to this body about who you are, what you believe.”

Barrett pressed on past Supreme Court rulings in confirmation hearing

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